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HomeMy WebLinkAboutResolution 637 Creates SID No. 351 63 COMMISSION RESOLUTION NO. 637 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION OF 'rHE crry OF BOZEMAN 'ro CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NUMBER 351 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTPUCTING CONCRETE CURBS AND STORM SEWERS, AND APPLYING BASE GRAVEL, PAVEMENT AND SURFACING ON NORTH AND SOUTH ROUSE AVENUE FROM LAMME STREET TO OLIVE STREET (EXCEPT PAVED PORTIONS); EAST LAMME STREET FROM ROUSE AVENUE TO CHURCH AVENUE; EAST BABCOCK STREET FROM BOZEMAN AVENUE TO CHURCH AVENUE; AND EAST OLIVE STREET I BETWEEN LINDLEY STREET AND CHURCH AVENUE, IN SAID CITY. WHEREAS; There has been filed with the Clerk of the City Commission of the City of Bozeman, Montana, a petition in due form of certain property owners on East Lamme Street from Rouse Avenue to Church Avenue, and a petition in due form of certain property owners on North and South Rouse Avenue from Lamme street to Olive Street, East Babcock Street from Bozeman Avenue to Church Avenue, and East Olive Street between Lindley Street and Church Avenue, such petitions respectively asking that a special improvement district be created for the purpose of constructing concrete curbs and storm sewers and applying base gravel, pavement and surfacing on said streets; and WHEREAS: That at regular meetings of the City Commission of the City of Bozeman held on the 25th day of August, 1948, and the 22nd day of September, 1948, respectively, the aforesaid petitions were respectively considered and granted; and WHEREAS: Because of the proximity of the two districts sought to be created, it has been deemed expedient and advisable to combine the two petitioned districts into one. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: Section 1. Declaration of Intention. It is hereby declared to be the intention of I The City of Bozeman to create a special improvement district to be known and designated as Special Improvement District No. 351 of The city of Bozeman for the purpose of construct- ing concrete curbs and storm sewers, and applying base gravel, pavement and surfacing on North and South Rouse Avenue from Lamme Street to Olive Street (except paved portions), East Lamme Street from Rouse Avenue to Church Avenue, East Babcock street from Bozeman Avenue to Church Avenue and East Olive street between Lindley Street and Church Avenue, in said City. Section 2. Boundaries. The boundaries of said proposed Special Improvement District No. 351 are described as follows: Beginning at a point on the south property line of East Main Street, said point being 150' west of the west line of South Rouse Avenue, thence south along a line 150' west of and parallel to the west line of South Rouse Avenue to a point 150' north of the north property line of East Babcock Street; thence west along a line 150' north of and parallel to the north line of East Babcock Street to the east line of South Bozeman A venue; thence south along the east line of South Bozeman Avenue to a point 150' south of the south line of East Babcock street; thence east along a line 150'south of and parallel to the south line of East Babcock Street to its intersection with the project- ed east line of Lindley Place; thence south along the projected east line and the east line of Lindley Place to a point 150' south of the south line of East Olive Street; thence east along a line 150' south of and parallel to the south line of East Olive street to the west line of South Church Avenue; thence north along the west line of South Church Avenue to the center line of the alley between Main Street and Babcock Street; thence west along the center line of said alley to a point 150' east of the east line of South Rouse Avenue; thence north on a line 150' east of and parallel to I the east line of South Rouse Avenue to the south line of East Main Street; thence west along the south line of East Main Street to the center line of Rouse Avenue; thence north along the center line of Rouse Avenue to the south line of the alley between Main Street and Mendenhall Street; thence east along the south line of said alley to a point 150' east of the east line of North Rouse Avenue; thence north along a line 150' east of and parallel to the east line of North Rouse Avenue to the center line of the alley between Mendenhall Street and Lamme Street; thence east along the center line of said alley and also the vacated portion thereof to the west line of North Church Avenue; thence north along the west line of North Church Avenue to a point 150' north of the north line of East Lamme Street; thence west along a line 150' north of and parallel to the north line of East Lamme street to the center line of North Rouse A venue; thence south along the center line of North Rouse Avenue to the center line of East Lamme Street; thence west along the center line of East Lamme Street to a point 150' west of the west line of North Rouse Avenue; thence south along a line 150' west of and aprallel to the west line of North Rouse Avenue to the south line of the alley between Main Street and Mendenhall Street; thence east along the south line of said _.__._......._-~-_. 64 alley to the center line of Rouse Avenue; thence south along the center line of Rouse Avenue to the south line of East Main Street; thence west along the south line of East Main street to the point of beginning. Section 3. Character of Improvements. The character of the improvements to be made within said Special Improvement District No. 351 is: The construction of concrete curbs, storm sewers, or other drainage structures as may be deemed necessary, asphalt pavement consisting of a 6" crushed gravel base, a 3" mat of bituminous material (either Travel- I ing plant or blade mix) and a seal and chip surface on North and South Rouse Avenue from Lamme Street to Olive Street (except paved portions), East Lamme Street from Rouse Avenue to Church Avenue, East Babcock street from Bozeman Avenue to Church Avenue, and East Olive Street between Lindley and Church Avenue in Bozeman, Montana. Section l~.. Estimate of Cost: The preliminary estimate of the cost of said improve- ments, including curbs, grading, pavement, storm-sewers, engineering and incidentals 1s Forty-Four Thousand Sixty-Two and 50/100ths ($44,062.50) Dallars. Section 5. Method of Assessment. The preliminary estimate of cost as set forth above is to be assessed against the property within said District on an area basis, as follows: Because some of the streets in said proposed Special Improvement District No. 351 run east and west and some north and south and in some of the streets to be improved the lots run parallel with the street and in others the lots front on the street and the improvement, that in order to provide a just and equitable method or methods of assessment, it is necessary and desirable to divide the district into four (4) sections, with differing methods of assessment, which sections together with the part of the entire cost to be I assessed against each section, the estimated rate of assessment and the method of assess- ment are described as follows: SECTION 1. ROUSE AVENUE, LAMME STREET TO OLIVE STREET, except that portion already paved. Section 1 includes all that property lying within 150' of the side lines of said Rouse Avenue between the south line of Main street and the north line of Olive Street and the north line of Lamme street and the south line of the alley between Main Street and Mendenhall street the assessable area of which, with the 25' next adjacent to the improve- ment taken at double its actual area, is 361,689 sq. ft. The preliminary estimate of the cost of the improvements to be made in and assessed against the property within Section 1 is $16,367.38, and the estimated rate of assessment is $0.04978 per sq. ft. SECTION 2. EAST LAMME STREET, ROUSE AVENUE TO CHURCH AVENUE. Section 2 includes all that property lying within 150' of the side lines of s,sid East Lamme Street between the east line of Rouse Avenue and the west line of Church Avenue, the assessable area of which is 126,212 sq. ft. The preliminary estimate of the cost of the improvements to be made in and assessed against the property within Section 2 is $5,375.12, and the estimated rate of assessment is $0.04259 per sq. ft. I SECTION 3. EAST BABCOCK STREET, BOZEMAN AVENUE TO CHURCH AVENUE. Section 3 includes all that property lying between the side lines of said East Babcock street and the alley or if there is no alley all the property within 150' of said side lines, between the east line of Bozeman Avenue and the west line of' Church Avenue, the assessable area of which, with the 25' next adjacent to the improvement taken at double its actual area, is 306,714 sq. ft. The preliminary estimate of the cost of the improvements to be made in and assessed against the property in Section 3 is $13,527.37 and the estimated rate Resolution No. 637, Page 2 ----. ---.-...-.-.". ----...-- 65 of assessment is ~O.O44ll. SECTION 4. EAST OLIVE STREET, LINDLEY PLACE TO CHURCH AVENUE. Section 4 includes all that property lying within 150' of the side lines of said East Olive street between the east line of Lindley Place or the east line of Lindley Place projected north and the west line of Church Avenue, the assessable area of which, with the 25' next I adjacent to the improvement taken at double its actual area, is 200,601 sq. ft. The pre- liminary estimate of the cost of the improvements to be made in and assessed against the property in Section 4 is $7,155.89 and the estimated rate of assessment is $0.03567 per sq. ft. Section 6. Actual area of District. That the total actual area of all property within said proposed Special Improvement District No. 351, exclusive of streets, avenues, alleys, and pUblic places is 699,838 square feet. Protests will be received, considered and deter- mined upon this area upon the same basis that assessment 1s made. Section 7. Payments. That payments for sbid improvements shall be made in twenty (20) annual installments extending over a period of nineteen (19) years, but this shall not be construed to prevent payment in full at any regular payment date by any property owner who desires to do so. It is proposed to pay the entire cost and expense of the con- struction and installation of said improvement with cash to be obtained from the sale of bonds of said Special Improvement District No. 351, as authorized by law. Such bonds will be in denominations of ~:100.00 each and fractions of $100.00 where necessary, to be issued I and chargeable against a fund to be known and designated as Special Improvement District No. 351 Fund of the City of Bozeman. The bonds will be redeemable at the option of the City, singly or in multiples, and in the order of their registration, whenever funds are available in said Special Improvement District No. 351 for that purpose. Said bonds shall draw a simple interest from the date of their registration until called for payment, at a rate not exceeding six (6%) per cent per annum, which interest shall be chargeable as a part of the cost of the construction and installation of said improvement. The bonds will be issued and sold in accordance with provisions of Section 5250 and Section 5277.3, Revised Codes of Montana, 1935, as said sections are amended by the provisions of Chapters 178 as to Section 5250 and by 179 as to Section 5277.3, both Chapters of the Laws of the 29th Legislative Assembly of the State of Montana, 1945, and all other applicable provis- ions of Chapter 398 of the Political Code, Revised Codes of Montana, 1939, relating to special improvelnent districts in cities and towns, and any amendments thereof or thereto. Section 8. Protests and Notice. 'rhat the regular session of the Commission of the City of Bozeman to be held at the Commission Chamber, City Hall BUilding, Bozeman, Montana, on Wednesday, the 16th day of March, A.D. 1949, at the hour of 1:00 o'clock P.M. of said I day, are the time and place when and where the City Commission will hear and pass upon all protests duly and regularly made and filed against the creation of said proposed Special Improvement District No. 351, the improvement proposed to be made pursuant thereto and the extent and character thereof, or either thereof; and the Clerk of the City Commission be, and he is hereby, directed to give notice in the manner and for the time as by law required, of the adoption of this Resolution of Intention. Adopted by the Commission of the City of Bozeman, Montana, at a stated and regular Resolution No. 637, Page 3 66 session of said Commission held on the 16th day of February, A.D. 1949. At7~ (~" ,~At.I4AA~) \j I Clerk 0 the Commission . ayor NOTICE IN RE COMMISSION RESOLUTION NO. 637 OF TI-m CI'ry OF BOZEMAN, DECLARING THE IwrEN'rION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND DESIGNATED AS "SPECIAL IMPROVEMENT DISrrRICT NUMBER 351. tI Notice is hereby given that on the 16th day of February, A.D. 1949, at a regular meet- ing of the Commission of the city of Bozeman, Commission Resolution Number 637 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMEN'r DISTRICT NO. 351 OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTING CONCRETE CURBS AND STORM SEWERS, AND APPLYING BASE GRAVEL, PAVEMENT AND SURFACING ON NORTH AND SOUTH ROUSE AVENUE FROM LAMME STREET TO OLIVE STREET (EXCEPT PAVED PORTIONS); EAS'r LAMME STREET FROM ROUSE AVENUE TO CHURCH AVENUE; EAST BABCOCK STREET FROM BOZEMAN AVENUE TO CHURCH AVENUE; AND EAST OLIVE STREET BETWEEN LINDLEY STREET AND CHURCH AVENUE, IN SAID CITY, was passed and adopted. That Wednesday, the 16th day of March, A.D. 1949, at 1:00 o'clock P.M. at the Commission Room of the City Hall, Bozeman, Montana, is designated by said Resolution No. 637 as the time and place for hearing objections to the action proposed to be taken by said Resolution, and when and where any and all persons whose property is within said proposed Special Improvement I District No. 351, on North and South Rouse Avenue from Lamme Street to Olive Street (except paved portions), East Lamme Street from Rouse Avenue to Church Avenue, East Babcock Street from Bozeman Avenue to Chlwch Avenue and East Olive Street between Lindley street and Church Avenue, may appear and show cause, if any they have, against said proposed improvement. Objections must be made in writing and filed with the Clerk of the City Commission not later than fifteen (15) days after the date of the first publication of this notice. An approximate and preliminary estimate of the cost of doing such work and making such improvement, which is to be specially assessed against the property within said District, is $414-,062.50. The total actual area of all property within the proposed District, exclusive of streets, avenues, alleys, and public places, is 699,8)8 sq. ft. Property immediately adjacent to and within 25 feet of the proposed improvement is to be assessed at double the assessment against other property in the District. Payment for the improvement is to be made in twenty ( 20) annual installments over a period of nineteen years with interest on the deferred pay- ments not to exceed six (6%) per cent per annum, payable annually, but this shall not be construed to prevent payment in full at any regular payment date by any property owner. For a description of the boundaries of said Special Improvement District No. 351 ref- I erence is hereby made to Resolution No.637 of the Commission of the City of Bozeman declaring the intention to create said District, which is on file in the office of the undersigned Clerk of said Commission in the City Hall of said City of Bozeman, State of Montana, and open for inspection to all interested parties and to the public generally. Notice is further given that said District is divided into four sections with varying rates and methods of assessment within each section, because some of the streets in said proposed Special Improvement District No. 351 run east and west and some north and south, and in some of the streets to be improved the lots run parallel with the street and in others Resolution No. 637, Page 4 67 the lots front on the street to be improved. The boundaries of these sections are also set forth in said Resolution of Intention No. 637 together with that part of the total cost of said improvement to be assessed against each section, and this information, too, can be obtained by inspection of said Resolution of Intention No. 637 as aforesaid. This notice is given pursuant to the provisions of Section 5227, Revised Codes of I Montana, 1935. Dated this 23rd day of February, A.D. 1949. By order of the Cormnission of the City of Bozeman. dA~ Clerk of the City Commission state of Montana ) ) ss County of Gallatin) I, L. G. Shadoan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Notice was published at length in the Bozeman Daily Chronicle, a news- paper of general circulation printed and published in said City, in the issues of February 23rd to February 27th, 1949, both dates included, and that due proof is on file in my office. IN WITNESS WHEREOF I Hereunto set my hand and affix the seal of my office this 28th day of February, 1949. ~~~ C erk of the Commission Montana ) ) ss I alIa tin) I, L. of the Commission of the City of Bozeman, do hereby certify that the foregoing No. 637 was published by title and number in the Bozeman Daily Chronicle, a newspaper circulation printed and publlshe d in said City in the issue of and that due proof is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the sea Clerk of the Commission I